Dear European Data Protection Supervisor,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

Any expert report, legal opinion, evaluation matrix, checklist or other document, of any origin, regardless of its finalization (draft or final), that is available to the Board and that addresses the issue of third country (non-EU/EEA) compliance with the 'European Essential Guarantees', as described in Working Paper 237 (by the former Art. 29 Working Party) and most recently in EDPB Recommendation 02/2020. This request relates in particular to the United States of America, the People's Republic of China, the Federal Republic of India, and any other third country for which documents of the above type are already available.

Yours faithfully,

Enrique Broenstein

European Data Protection Supervisor

4 Attachments

 

Dear Mr Broenstein,

 

We acknowledge receipt of your request which was registered 13 November
2020. Your case has been registered with case number 2020-1092.

 

Please note that European Data Protection Supervisor (EDPS) and the
European Data Protection Board (EDPB) are two separate and independent
institutions. We cannot provide you with documents which are in possession
of the EDPB. Should you want to access any EDPS documents, please provide
us with more details.

Be advised, this case will remain open for another 30 days. In case you do
not provide additional information we will close it administratively.

 

Please note that your personal data will only be processed for the
purposes of replying to your request and in accordance with the privacy
statement set out below. More information on how the EDPS process personal
information can be found on our website.

 

You have lodged your application via the AsktheEU.org website. Please note
that this is a private website which has no link with any institution of
the European Union. The European Data Protection Supervisor is not
accountable for any technical issues or problems linked to the use of this
system.

 

Yours sincerely,

 

 

 [1]cid:image001.png@01D6ADDD.F732FD60 EDPS Secretariat

' (+32) 228 319 00   | Fax +32 2
283 19 50
[2]Email [3][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[4]Twitter [5]@EU_EDPS  
[6]Website [7]www.edps.europa.eu
This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.

 

 

 

 

 

show quoted sections

Dear European Data Protection Supervisor,

Thank you very much for your reply.

I would like to clarify that this request refers explicitly to documents held by the EDPS that address the issue of third country (non-EU/EEA) compliance with the European Essential Guarantees, regardless of their nature or origin (see my initial request), especially as the EDPS itself asked EUIs to carry out case-by-case Transfer Impact Assessments (TIAs) in its 'Strategy for Union institutions, offices, bodies and agencies to comply with the ‘Schrems II’ Ruling' dated 29 October 2020.
In particular, the EDPS required EUIs to decide as to whether it is possible to continue the transfers identified in the mapping exercise and report by 15 November 2020 at the latest, on specific risks and gaps they identified during this mapping exercise (see, page 8 of the abovementioned Strategy).

Furthermore, the EDPS expressly stated it "will provide a list of preliminary questions for EUI controllers" on TIAs (loc. cit.).

I thus kindly request that any such list of questions, expert report, legal opinion, evaluation matrix, checklist or other document on the matter of EEG compliance be provided within the statutory term.

Yours sincerely,

Enrique Broenstein

European Data Protection Supervisor

4 Attachments

Dear Mr Broenstein,

 

We are writing you concerning your access to documents request case number
2020-1092. In accordance with Article 7(1) of Regulation (EC) No 1049/2001
regarding public access to European Parliament, Council and Commission
documents, you are entitled to receive a reply within 15 working days.
However, due to the amount of documents, the EDPS will not be in a
position to respond within the original time limit of 15 working days. We
have therefore decided to extend the time limit by 15 working days in
accordance with Article 7(3) of Regulation (EC) 1049/2001. You should
expect to receive a reply from the EDPS by 12 January 2021 at the latest.

 

Yours sincerely,

 

 

  EDPS Secretariat

' (+32) 228 319 00   | Fax +32 2 283 19 50
[1]Email [2][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1000 Brussels
[3]Twitter [4]@EU_EDPS   [5]Website [6]www.edps.europa.eu
This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.

 

 

 

 

References

Visible links
2. mailto:[EDPS request email]
4. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
6. http://www.edps.europa.eu/
http://www.edps.europa.eu/

Enrique Broenstein

Dear European Data Protection Supervisor,

The response to your request is long overdue, please respond without undue delay.

Yours sincerely,

Enrique Broenstein

European Data Protection Supervisor

6 Attachments

 

Dear Sir,

 

Please find attached a letter signed electronically by Mr Leonardo Cervera
(+ Annexes will be sent in seral parts) for the above mentioned subject.

 

 

Kind regards,

 

[1]cid:image001.png@01D6ADDD.F732FD60 EDPS Secretariat

' (+32) 228 319 00   | Fax +32 2 283
19 50
[2]Email [3][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[4]Twitter [5]@EU_EDPS  
[6]Website [7]www.edps.europa.eu
This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.

 

 

 

References

Visible links
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/

European Data Protection Supervisor

5 Attachments

 

Dear Sir,

 

Please find attached a letter signed electronically by Mr Leonardo Cervera
(+ Annexes will be sent in seral parts) for the above mentioned subject.

 

 

Kind regards,

 

[1]cid:image001.png@01D6ADDD.F732FD60 EDPS Secretariat

' (+32) 228 319 00   | Fax +32 2 283
19 50
[2]Email [3][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[4]Twitter [5]@EU_EDPS  
[6]Website [7]www.edps.europa.eu
This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.

 

 

 

References

Visible links
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/

European Data Protection Supervisor

5 Attachments

 

Dear Sir,

 

Please find attached a letter signed electronically by Mr Leonardo Cervera
(+ Annexes will be sent in seral parts) for the above mentioned subject.

 

 

Kind regards,

 

[1]cid:image001.png@01D6ADDD.F732FD60 EDPS Secretariat

' (+32) 228 319 00   | Fax +32 2 283
19 50
[2]Email [3][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[4]Twitter [5]@EU_EDPS  
[6]Website [7]www.edps.europa.eu
This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.

 

 

 

References

Visible links
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/

Enrique Broenstein

Dear European Data Protection Supervisor,
dear Mr Cervera Navas,

Thank you very much for granting access to the above documents.

To avoid a multitude of repeated requests relating to the same issue in the future, can you already say when the EDPS will have completed its "Transfer Impact Assessments (TIAs)" in its 'Strategy for Union institutions, offices, bodies and agencies to comply with the 'Schrems II' Ruling' dated 29 October 2020 or any guidance in this regard?

Yours sincerely,

Enrique Broenstein

European Data Protection Supervisor

5 Attachments

 

Dear Sir,

 

Please find attached a letter signed electronically by Mr Leonardo Cervera
(+ Annexes will be sent in seral parts) for the above mentioned subject.

 

 

Kind regards,

 

[1]cid:image001.png@01D6ADDD.F732FD60 EDPS Secretariat

' (+32) 228 319 00   | Fax +32 2 283
19 50
[2]Email [3][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[4]Twitter [5]@EU_EDPS  
[6]Website [7]www.edps.europa.eu
This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.

 

 

 

References

Visible links
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/

Enrique Broenstein

Dear European Data Protection Supervisor,

Thank you very much - again - for granting access to further documents.

Please allow me to reiterate my question: To avoid a multitude of repeated requests relating to the same issue in the future, can you already say when the EDPS will have completed its "Transfer Impact Assessments (TIAs)" in its 'Strategy for Union institutions, offices, bodies and agencies to comply with the 'Schrems II' Ruling' dated 29 October 2020 or any guidance in this regard?

Yours sincerely,

Enrique Broenstein

European Data Protection Supervisor

5 Attachments

 

Dear Sir,

 

Please find attached a letter signed electronically by Mr Leonardo Cervera
(+ Annexes will be sent in seral parts) for the above mentioned subject.

 

 

Kind regards,

 

[1]cid:image001.png@01D6ADDD.F732FD60 EDPS Secretariat

' (+32) 228 319 00   | Fax +32 2 283
19 50
[2]Email [3][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[4]Twitter [5]@EU_EDPS  
[6]Website [7]www.edps.europa.eu
This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.

 

 

 

References

Visible links
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/

European Data Protection Supervisor

7 Attachments

 

Dear Sir,

 

Please find attached a letter signed electronically by Mr Leonardo Cervera
(+ Annexes will be sent in seral parts) for the above mentioned subject.

 

 

Kind regards,

 

[1]cid:image001.png@01D6ADDD.F732FD60 EDPS Secretariat

' (+32) 228 319 00   | Fax +32 2 283
19 50
[2]Email [3][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[4]Twitter [5]@EU_EDPS  
[6]Website [7]www.edps.europa.eu
This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.

 

 

 

References

Visible links
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/

TSANKOV Tsanko, European Data Protection Supervisor

3 Attachments

Dear Ms Maes,

I am preparing the reply to your confirmatory application.

I would like to discuss with you some details concerning you request,
before finalising it.

Would it be possible to possible to contact you over the phone?

As you publish publically your communications with EDPS I cannot give you
my private mobile number for direct contact.

I will appreciate if you reply to this email and provide me with a number
to contact you directly.

Thank you in advance

Tsanko Tsankov

 

  Tsanko Tsankov
[1]cid:image001.png@01D69BD0.15A53620 Transparency Officer – EDPS Secretariat

[2]| Tel. (+32) 228 31902  | Fax +32(0)22831950  | MTS
06X038  
Email [3][email address]
European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1000 Brussels
[4]cid:image002.png@01D6A617.F0ED7200 [5]@EU_EDPS  
[6]cid:image003.png@01D69BD0.15A53620 [7]www.edps.europa.eu
This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.

 

 

 

References

Visible links
2. file:///tmp/tel:+3222831900
3. mailto:[email address]
4. file:///tmp/http:/
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/

Enrique Broenstein

Dear TSANKOV Tsanko,

Thank you for your email -- there was presumably a mistake, as you addressed this to "Ms Maes". Apart from that, I am unfortunately unable to make or receive telephone calls due to physical limitations. I would therefore kindly ask you to continue to answer my request in this way. Thank you very much!

Yours sincerely,

Enrique Broenstein

TSANKOV Tsanko, European Data Protection Supervisor

Dear Mr. Broenstein,

Thank you for your prompt reply to my message. I apologise, but this particular message was send to you by mistake. At the same time the message intended for you was send to another person. This was caused by the complexity of the email naming system used by AskTheEU.org.

Following your request from 25 January, I can inform you that the EDPS complied with the EDPS order implementing its 'Schrems II Strategy'. It continues to closely scrutinise its processing activities (including new ones) in terms of international transfers. The EDPS will comply in a timely manner with any subsequent requirements of the EDPS 'Schrems II Strategy', including carrying out TIAs. Unfortunately, it is not possible at this time to provide an exact commitment in terms of timing.

Kind regards

 
Tsanko Tsankov
Transparency Officer – EDPS Secretariat
| Tel. (+32) 228 31902  | Fax +32(0)22831950  | MTS 06X038  
Email [email address]
European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1000 Brussels
 @EU_EDPS    www.edps.europa.eu

This email (and any attachment) may contain information that is internal or confidential. Unauthorised access, use or other processing is not permitted. If you are not the intended recipient please inform the sender by reply and then delete all copies. Emails are not secure as they can be intercepted, amended, and infected with viruses. The EDPS therefore cannot guarantee the security of correspondence by email.

show quoted sections